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Who can file a trademark opposition in India?

General Eligibility to File

  • Any person can file a trademark opposition in India.
  • The term “person” includes individuals, companies, firms, partnerships, trusts, and associations.
  • There is no requirement that the opponent must own a registered trademark.
  • The opponent must have a genuine interest or reason to object to the trademark’s registration.

Interested Parties

  • Owners of existing trademarks—registered or unregistered—who believe the new mark is confusingly similar.
  • Prior users of a trademark who have established usage rights before the applicant.
  • Business competitors seeking to prevent dilution or misuse of their brand identity.
  • Consumers, trade organizations, or industry bodies who believe the mark is misleading or deceptive.

Legal Representatives

  • An opposition can also be filed through a trademark attorney or agent on behalf of an eligible party.
  • Proper authorization (such as Form TM-48) is required if a representative is filing the opposition.
  • Corporations or legal entities typically appoint legal counsel to handle the proceedings.

Foreign Entities

  • Foreign nationals or companies can file a trademark opposition in India if they have sufficient interest or prior rights.
  • They must comply with procedural rules and may require a local representative for hearings or filings.
  • International opponents often file objections to protect their brand in the Indian market.

Time and Format for Filing

  • The opposition must be filed within four months of the trademark being published in the Trademark Journal.
  • It must be submitted using Form TM-O, stating the grounds of opposition clearly.
  • Delayed or incomplete oppositions are not entertained by the Trade Marks Registry.

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